Banco Nacional de Cuba v. First National City Bank of New York

Abstract

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Act of State doctrine — Bernstein exception — Whether Executive statement that act of State doctrine should not apply to certain cases conclusive — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Doctrine of sovereign immunity — Relationship to act of State doctrine — Counterclaim against foreign State — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Expropriation of property of United States nationals in Cuba — Whether United States courts entitled to assess validity of expropriation under international law — Cuban assets in United States — Counterclaim against — Bernstein exception to act of State doctrine — Whether State Department recommendation that act of State doctrine should not apply conclusive — The law of the United States